South Africa Case Law

Royal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021)

Royal Energy Management Services (Pty) Ltd v Carse N.O (6426/2021) [2021] ZAWCHC 241 (23 November 2021)

Court

Western Cape High Court, Cape Town

Case number

6426/2021

Judge

E D Wille

The court found that the requirement for the applicant to provide a bank guarantee for the balance of the purchase price was a suspensive condition, not a mere term. The applicant's inability to obtain the guarantee, despite reasonable efforts, meant the suspensive condition was not fulfilled, rendering the agreement inchoate. The respondent did not pursue specific performance and failed to establish any contractual right to retain the deposit. The common law and the law of depositum require restoration of the deposit and the sum paid for the movable property, together with interest, in the a…

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• Depositum
• Conditional Sale
• National Credit Act
• Contractual Interpretation
• Specific Performance

JS Afslears CC t/a Swarico Afslaers v Botha N.O and Others (50323/14)

JS Afslears CC t/a Swarico Afslaers v Botha N.O and Others (50323/14) [2017] ZAGPPHC 1294 (10 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

50323/14

Judge

Mavundla

The High Court refused Swarico leave to intervene in a dispute over ownership of game, finding contradictory affidavits and no protectable interest.

• Leave To Intervene
• Ownership Of Game
• Interdict
• Insolvent Estate
• Conditional Sale
• Leave-to-intervene

Graf v Buechel (150/2002)

Graf v Buechel (150/2002) [2003] ZASCA 29; [2003] 2 All SA 123 (SCA); 2003 (4) SA 378 (SCA) (27 March 2003)

Court

Supreme Court of Appeal

Case number

150/2002

Judges

Howie, Schutz, Streicher, Cloete, Lewis

The Supreme Court of Appeal held that the prohibition on pactum commissorium applies to all pledges, irrespective of whether the pledgor is the debtor or a third party. The rule is clear and general, and its application does not depend on the presence of the policy considerations that motivated its origin. Comparative law supports the general prohibition, and the potential for injustice remains regardless of the pledgor's status. The contract in question did not provide for a fair valuation of the shares and loan account, and thus the relevant clause constituted an invalid pactum commissorium…

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• Pactum Commissorium
• Contractual Autonomy
• Public Policy
• Conditional Sale
• Pledge And Security
• Constitutional Values